TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: June 22, 2026 Report No. SI-26-014
TO: Council
FROM: Judy Kitts, Director, Strategic Initiatives
SUBJECT: Bylaw Offence Notice, Penalty Updates
RECOMMENDATION:
Recommendation
That Council:
1. Direct staff to proceed with modernizing Esquimalt’s BON penalty structure in accordance with a high deterrence, safety forward approach, option 1; and
2. Give first, second, and third readings to the Bylaw Notice Enforcement Bylaw, 2014, No. 2839, Amendment Bylaw, 2026, No. 3191.
Body
EXECUTIVE SUMMARY:
The purpose of this report is to inform Council that the Township of Esquimalt’s Bylaw Offence Notice (BON) penalties have largely not been updated since the system was adopted in 2014, more than a decade ago. As a result, current penalties no longer reflect enforcement needs, community expectations, accessibility requirements, or regional norms.
This report outlines the need for a comprehensive update and presents options for modernizing the Township’s BON penalty framework. Staff recommend Option 1, a high deterrence, safety-forward approach that aligns with regional practices and supports improved compliance outcomes.
The Township’s approach to bylaw enforcement is grounded in achieving voluntary compliance rather than penalization. Respecting neighbours and preserving quality of life are key aspects of community living, and enforcement efforts focus on education, awareness, and behaviour change. The proposed updates are intended to support compliance, improve payment rates, and encourage responsible behaviour, rather than rely solely on punitive measures.
BACKGROUND:
Esquimalt transitioned from the Municipal Ticket Information (MTI) system to the Bylaw Offence Notice (BON) adjudication system in 2014, when Council adopted the Bylaw Notice Enforcement Bylaw, 2014, No. 2839. This transition gave Esquimalt full authority to set local administrative penalties (as opposed to court-based MTI fines) for a wide range of municipal bylaws, including streets and traffic, noise, property maintenance, parks, animal control, and business licensing. BONs are intended to be a streamlined, modern enforcement tool emphasizing voluntary compliance while avoiding the cost and complexity of the court system.
However, while the Township has amended the BON system over time to add new offences, the penalty amounts themselves have remained largely unchanged since 2014. As a result, Esquimalt’s penalties reflect conditions from more than ten years ago and have not kept pace with inflation, population growth, or evolving enforcement needs.
Under B.C.’s Local Government Bylaw Notice Enforcement Act, the maximum BON penalty is $500.
ANALYSIS:
1. Shifting Bylaw Environment
Over the past decade, several broader shifts have occurred that now make a review of Esquimalt’s BON penalty structure both necessary and timely. These include:
• Accessibility expectations and provincial standards have evolved, prompting many municipalities to strengthen penalties related to accessible parking, mobility barriers, and equitable access to public spaces.
• Environmental and sustainability priorities have become more prominent across the region, leading to updated penalties in areas such as tree protection, parks use, littering, pollution, watercourse protection, and boulevard management.
• Community safety and livability expectations have increased, resulting in modernized penalties for noise, nuisance, property maintenance, and public-space conduct in many municipalities.
• Increased traffic volumes and parking demand, driven by population growth, regional travel patterns, and constrained street space, have intensified competition for curb space and heightened the impacts of non‑compliant parking behaviours on safety, accessibility, neighbourhood livability, and business turnover.
• The Township’s current penalty structure reflects the realities of more than a decade ago. When adjusted for inflation alone, those penalties would be significantly higher today, even before considering changes in community expectations or enforcement demands.
2. Regional Alignment
Across the region, administrative penalties have been substantially modernized in areas such as streets and traffic, noise, nuisance, parks, accessibility, and other regulatory areas. This has widened a regional gap, as these jurisdictions have updated their frameworks incrementally over the past decade while Esquimalt’s penalties have remained largely unchanged since 2014.
For example, several municipalities in the Capital Region, including the City of Victoria, the District of Oak Bay, The Town of View Royal, and the Town of Sidney, have undertaken updates to their ticketing and bylaw notice frameworks in 2024 and 2025, revising penalty schedules across parking, public space use, nuisance regulation, and boulevard management.
These updates show a clear regional trend toward higher, risk-based, and more contemporary administrative penalties, leaving Esquimalt’s largely unchanged penalties out of step with current practices.
3. Enforcement Trends in Esquimalt
Enforcement trends in Esquimalt show that parking is a significant draw on bylaw enforcement resources and that parking penalties are substantially out of date. Given that parking offences account for approximately 95% of BON ticket volume, differences in regional penalty levels directly contribute to Esquimalt’s enforcement workload.
At the same time, Esquimalt’s parking penalty levels have remained largely unchanged since 2014 and are now the lowest in the region. This limits deterrence and contributes to ongoing demands on enforcement resources, as the same parking‑related issues recur in high‑demand areas.
For common infractions issued such as no stopping, no parking, limited-time parking, loading zones, yellow-curb restrictions, and similar street-use offences, see the penalty table below:
Note: The comparison table above is intended to provide general context only. Penalty amounts, offence definitions, and application of early-payment discounts vary by municipality and are subject to change. As a result, direct comparisons should be interpreted with caution, as they may not reflect like-for-like offences.
This gap creates several enforcement challenges.
• Reduced deterrence: low relative penalties increase repeat behaviour, particularly in high‑demand areas.
• Cross‑municipality spillover: residents, visitors, and commuters sometimes gravitate toward lower‑penalty municipalities, increasing local parking pressure.
• Higher enforcement workload: lower penalties require more officer intervention to achieve compliance, affecting operational efficiency.
• Equity and safety concerns: accessible‑stall misuse and unsafe stopping/parking behaviours may persist at higher rates than in jurisdictions with stronger deterrence.
Given that parking offences account for 95% of BON ticket volume, the variance in regional penalty levels directly amplifies Esquimalt’s enforcement burden. Addressing this gap is therefore essential not only for fairness and regional consistency but also for improving compliance, reducing operational strain, and supporting broader community safety and accessibility objectives.
4. Early Payments and Late Payment Penalties
With respect to early payment and late payment penalty, the Township of Esquimalt and the Town of Sidney have the shortest early-payment windows at 14 days. By comparison, the City of Victoria, the District of Saanich, and District of Oak Bay offer reduced penalties if paid within 28-30 days.
The Town of View Royal does not provide early-payment reductions instead they apply a single, fixed fine amount per offence.
Late-payment penalties are permitted under the Bylaw Offence Notice (BON) framework, but are not typical under the MTI framework, which relies on court-based escalation rather than administrative surcharges. As a result, Esquimalt, the Town of Sidney, and the District of Saanich are currently the only neighbouring jurisdictions using late-payment penalties.
The Township’s approach to early payment and late payment penalties is applied on a case-by-case basis across the bylaw categories. This flexibility reflects that offences are not always directly comparable in terms of severity, risk, or policy intent.
In particular:
• Early payment reductions are intended to support timely compliance for lower-risk or administrative offences;
• More serious or safety-critical offences may not be appropriate for reduced penalties, as doing so could undermine deterrence; and
• Penalty structures are designed to reflect the relative severity and impact of each offence.
Maintaining this flexible, administrative approach allows the Township to tailor early and late payment structures to the nature of each offence category, ensuring that enforcement tools remain proportionate, effective, and aligned with regulatory objectives.
5. Outstanding Penalties and Collections
As noted in the May 26, 2025 report to Council, approximately 72% of parking-related tickets issued between 2019 and the end of 2024 remain unpaid, representing a significant compliance and cost-recovery challenge for the Township.
To improve recovery rates, the Township has engaged Advanced Collection Services to pursue outstanding Bylaw Offence Notices (BONs). In 2022, a total of 248 unpaid BONs, with a combined value of $13,152.00, were referred to the collection agency. The agency retains a fee of 33.34% plus 5% GST on amounts collected. As of Q3 2026, the Township has recovered approximately $1,847.50 from the 2022 BONs referred to collections. The transition of outstanding BONs from 2023 and 2024 to the collection agency is currently underway.
In parallel, the Township’s ongoing modernization initiatives are expected to improve payment rates over time. Planned enhancements include the introduction of online payment options, which will reduce barriers to payment and provide more convenient and timely methods for resolving tickets. An online payment option is expected to be available in the early fall.
In addition, the proposed the proposed penalty framework in all recommended options includes meaningful early payment reductions, which are intended to encourage prompt payment and increase voluntary compliance. Together, these measures are expected to improve overall collection rates, reduce reliance on collections, and support a more efficient and effective enforcement system.
OPTIONS:
As Esquimalt has not undertaken a comprehensive review of Bylaw Offence Notice (BON) penalties since 2014, the following options present varying approaches to addressing over a decade of deferred updates. Each option reflects a different balance between deterrence, consistency, and implementation impact, allowing Council to consider both incremental and more comprehensive modernization approaches.
Early payment reductions will continue to support voluntary compliance. Under Options 1 and 2, staff propose increasing the reduction for common parking infractions from $10 to $25, providing a more meaningful incentive for timely payment. For example, under Option 1, a $75 parking fine would be reduced to $50 if paid within 14 days. This approach balances deterrence with incentives for prompt resolution. Under Option 3, the reduction remains at $10 to reflect the smaller increase in fines and avoid offsetting the intended change.
Finally, you will notice changes to the penalties aimed at simplifying enforcement for the Bylaw Team. Rather than maintaining similar penalties at different amounts (e.g., $90 and $100), comparable offences have been standardized to the same value where possible. This consistency is intended to support easier implementation.
Option 1 - High-Deterrence, Safety-Forward Update (STAFF RECOMMENDED)
That Council direct staff to proceed with updating Esquimalt’s Bylaw Offence Notice (BON) penalty structure and applicable bylaws and policies, using a high-deterrence, safety-forward approach.
This option fully modernizes Esquimalt’s BON penalties, using a high-deterrence structure that mirrors leading regional practices and prioritizes safety, accessibility, and compliance.
Key elements
• Parking:
o $75: time limited, no parking, residential parking only zones, loading zones, no-stopping, bus zones
o $100: accessible parking
• Apply equivalent tiering to other BON categories:
o Safety-critical: up to $500
o Moderate-risk: up to $300
o Administrative: up to $200
Pros
• Strongest deterrence and safety outcomes.
• Best aligned with leading regional practices.
• Likely to reduce repeat violations and enforcement workload.
• Supports safety, accessibility and mobility objectives.
• Reduces the need for future updates.
Cons
• Highest level of change; requires comprehensive communication.
• Potential initial public concern; needs strong messaging around safety and accessibility.
An overview of the proposed recommended increases for Option 1 can be found in Appendix A: Penalties Overview and Summary of Recommended Increases.
Option 2: Moderate Updates
That Council direct staff to proceed with updating Esquimalt’s Bylaw Offence Notice (BON) penalty structure and applicable bylaws and policies, using a consistent, risk-based structure while limiting the scale of changes as outlined in Staff Report SI-26-011, under Option 2.
This option updates Esquimalt’s BON penalties, but at more moderate levels than Option 1.
Key elements
• Parking
o $65: time limited, no parking, residential parking only zones, loading zones, no-stopping, bus zones
o $80: accessible parking
• Apply equivalent tiering to other BON Categories.
• The same early payment reduction and late penalties would apply.
Pros
• Stronger deterrence while representing a more moderate level of change than Option 1.
• Moderate change level; smoother implementation
Cons
• Requires coordinated communications.
• May require modest updates to signage and public materials.
Option 3 - Minimal Update (Administrative Refresh)
That Council direct staff to proceed with updating Esquimalt’s Bylaw Offence Notice (BON) penalty structure and applicable bylaws and policies, using modest, incremental changes as outlined in Staff Report SI-26-011, under Option 3.
This option also updates Esquimalt’s BON penalty schedule but at very modest levels.
Key elements
• Parking
o $55: time limited, no parking, residential parking only zones, loading zones, no-stopping, bus zones
o $70: accessible parking
• Apply equivalent tiering to other BON Categories.
• The same early payment reduction and late penalties would apply.
Pros
• Simple, low‑impact update.
• Minimal public resistance.
• Signals commitment to modernization without introducing major system changes.
Cons
• Does not address underlying deterrence gaps.
• Keeps Esquimalt below or at the bottom of regional penalty levels for many categories.
• Limited long‑term benefit for compliance or enforcement efficiency.
Esquimalt has not meaningfully updated its BON penalties since the system was adopted in 2014. Given this roughly 10-year update cycle, staff advise that Council consider a more comprehensive modernization (Option 1) to ensure the penalty framework remains effective, relevant, and aligned with best practices for the next decade.
Staff Note on Implementation
Option 1 is fully developed and ready for implementation, with draft amendments to the Bylaw Offence Notice (BON) Bylaw and supporting schedules included in this report for Council consideration.
Options 2 and 3 represent alternative policy directions only. Should Council wish to proceed with either Option 2 or Option 3, further analysis and refinement would be required, including preparing updated BON schedules, reviewing consistency across all bylaw categories, and developing corresponding bylaw amendments.
As a result, staff would be required to return to Council at a later date with revised bylaws and supporting documentation reflecting Council’s direction.
COUNCIL PRIORITY:
Engaged and Healthy Community
FINANCIAL IMPACT:
The purpose of BON penalties is to support compliance by deterring unwanted behaviour, not to generate revenue. Experience from other municipalities indicates that when penalties are updated to modern levels, ticket volumes often decrease because compliance improves, meaning that higher penalties do not necessarily result in higher revenue.
Potential financial impacts include:
• Improved voluntary compliance reduces enforcement workload.
• Higher penalty amounts improve cost recovery for enforcement activities.
• Potential decreases in staff time spent on repeat offenders and prolonged disputes.
There is no significant cost associated with implementing the updated penalty structure. The BON framework is already in place, and updating the schedules requires only modest administrative effort.
COMMUNICATIONS/ENGAGEMENT:
A communications strategy will help ensure public understanding and support. Key elements include:
Messaging
• BON penalties have not been comprehensively updated since 2014.
• The updates are intended to improve safety, accessibility, fairness, and alignment with community expectations and regional practices.
• The goal of the updated penalties is to support voluntary compliance and safer behaviour, not to generate revenue.
• For common parking infractions, which account for approximately 95% of tickets issued, the base penalty is proposed to increase from $40 to $75. At the same time, a more meaningful early payment reduction is proposed to support voluntary compliance. If paid within 14 days, the penalty would be $50, compared to the current $30 early payment amount. This structure balances stronger deterrence with incentives for timely payment.
Outreach and Information Sharing
• Updates to the Township website outlining the revised penalty framework.
• A social media post and inclusion in the Township newsletter to notify residents of the changes.
• Direct notification to affected local businesses, particularly those located along key commercial and high‑demand parking corridors, to ensure awareness of updated parking‑related penalties.
• Digital materials summarizing the changes in plain language, including information on early payment options and dispute processes.
This approach is intended to provide clear, timely information to the public while maintaining a proportionate level of outreach appropriate to the scope of the policy update.
TIMELINES & NEXT STEPS:
If Council directs staff to proceed, staff recommends aligning the penalty updates with the bylaw modernization project. This is to ensure that penalty amounts are uploaded once into the new Tempest module. Once this module is ready to be implemented, the new penalties will go into effect. Staff are aiming for August for implementation.
June 2026
• Prepare public-facing materials (website updates, FAQs, social posts, etc).
July 2026
• Input approved penalties into the new Tempest Ticketing Module.
• Training on new Tempest Ticketing Module for staff.
August 2026
• Implementation of Tempest Ticketing Module and new penalties.
• Implementation of online payment via MyEsquimalt.
• Public launch and communications rollout emphasizing:
o safety and accessibility
o regional alignment
o early-payment reduction
REPORT REVIEWED BY:
1. Ian Irvine, Director of Finance, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Steve Knoke, Acting Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Penalties Overview and Summary of Recommended Increases
2. Appendix B - Bylaw Notice Enforcement Bylaw, 2014, No. 2839, Amendment Bylaw, 2026, No. 3191
3. Appendix C - Bylaw 2839 - Bylaw Notice Enforcement Consolidation revised with track changes